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CellnTell

Terms & Condition

Terms of Usage

This User Agreement was posted on May 31, 2016 and supersedes all previous versions of the Cellntell User Agreement. It is effective upon acceptance for those users who accept it through registration of Cellntell

The following describes the terms on which Cellntell offers you access to our sites, services, applications, and tools.

Introduction

Welcome to Cellntell.  By using Cellntell, you agree to the following terms and the general principles for the sites of our subsidiaries and international affiliates. If you reside in Canada you are contracting with us

This Agreement is effective upon acceptance. When you register a Cellntell account, you accept this User Agreement by checking the appropriate box confirming that you read and accept the User Agreement and clicking the Continue button when registering an Cellntell account; accessing or using Cellntell sites, Services, applications, and tools; or as otherwise indicated on a specific site, Service, application, or tool. For users who do not register an eBay account, the User Agreement is effective through their access to or use of our Services. Please see the General Section of this User Agreement regarding how we may implement amendments to this Agreement from time to time.

Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Limitation of Liability section below).

Scope

Before you may become a user of Cellntell, you must read and accept all of the terms in, and linked to, this User Agreement globally, Our Privacy Policy strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement, the Cellntell Canada Privacy Policy, and all terms in, and linked to, this User Agreement will apply whenever you use or access eBay sites, Services, or applications, or when you use or access the tools that are made available to interact with Cellntell site and Services.

User name and Password

Your Cellntell.com account may be accessed only by use of your username and password. You are solely responsible and liable for any use and misuse of your username and password and for all activities that occur under your username and password. For security reasons, you must keep your username and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of Cellntell is required. We recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

Accuracy of Information

We rely on the information you provide through this website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You are required to update your registration information and payment information immediately, if applicable, and will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information. You acknowledge that you will keep your name and address current and accurate in the My eBay section of the applicable eBay site.

Authorization to Call or Text You; Recording Calls

You consent to receive autodialed or prerecorded calls, emails and text messages from Cellntell at any telephone number you have provided us or that we have otherwise obtained. We may place such calls and texts to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vii) contact you with offers or promotions; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Standard telephone minute and text charges may apply.

Cellntell may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under this User Agreement, our policies, or any other agreement we may have with you. You agree these service providers may also contact you using autodialed or prerecorded calls and other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

Cellntell may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Cellntell or its agents for quality control and training purposes, or for its own protection.

Privacy of Others; Marketing

If Cellntell provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

Content

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future, and to the fullest extent permitted under applicable law, you waive any and all moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.

You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.

For the convenience of sellers, we may offer catalogues including stock images, descriptions and product specifications that are provided by third parties (including users). You may use catalogue content solely in connection with your eBay listings during the time your listings are on eBay’s sites. That permission is subject to modification or revocation at any time at eBay’s sole discretion.

While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all eBay policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

Disclaimer of Warranties; Limitation of Liability

We try to keep eBay and its sites, Services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, Services, applications or tools. You further acknowledge that operation of and access to our sites, Services, applications or tools may be interfered with as a result of technical issues or numerous factors outside of our control. In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • Your use of or your inability to use our sites, Services, applications and tools;
  • Delays or disruptions in our sites, Services, applications or tools;
  • Viruses or other malicious software obtained by accessing our sites, Services, applications or tools or any site, Services, applications or tools linked to our sites, Services, applications or tools;
  • Glitches, bugs, errors, or inaccuracies of any kind in our sites, Services, applications and tools or in the information and graphics obtained from them;
  • Damage to your hardware device(s) or loss of data that results from the use of our sites, Services, applications and tools;
  • The content, actions, or inactions of third parties, including items listed using our sites, Services, applications or tools, feedback provided by third parties, or the destruction of allegedly fake items.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (direct actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, sell, transfer, or publicly display any content (except for your content) from our sites, Services, applications or tools without the prior express written permission of eBay and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of our sites, Services, applications or tools, or any activities conducted on or with our sites, Services, applications or tools; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.

Additional Terms

You agree to abide by all policies posted on our sites which provide additional terms and conditions related to specific Services offered on our sites and shops,

These Policies may be changed from time to time. Changes may be made to these policies in accordance with the terms set out in the General section below. Any translation of this User Agreement and all related documents is done for local requirements and in the event of a dispute between the English and French version, the English version of this User Agreement and all related documents shall govern. If you are a resident of the Province of Quebec, the following clause applies: The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents auxquels cell-ci réfère soient rédigés et signés en langue anglaise.

Our registered Office is Unit #22, 7070 Saint Barbara Blvd, Mississauga, Ontario. L5W0E6.

This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services, Release, Content, Limitation of Liability, Indemnity and Resolution of Disputes.